SHANTABEN K NATHALAL Vs. PARSHOTTAMDAS MANSUKHLAL PANCHLAL

JUDGEMENT

(1.) MR .A.R. Majmudar, learned counsel for the petitioner. None for the respondents, though served.

(2.) AS none appeared for the respondents, and the orders passed by the State Government are under challenge, I requested Mr.L.R. Pujari, learned Assistant Government Pleader to help and assist me. He accordingly rendered his assistance.

(3.) SHORT facts necessary for disposal of the present writ application are that the land bearing Survey No.97/2, admeasuring 1 Acre and 25 Gunthas of Village Zalod belonged jointly to one Parshottamdas Mansukhlal and Motiram Mansukhlal. Out of the said land, an area of 25 Gunthas was given to the petitioner under a mortgage with possession by Motiram somewhere in the year 1971. Thereafter, a registered sale deed for the said land was executed by the mortgagor in favour of the petitioner on 12/5/1980. The remaining land admeasuring 1 Acre also came in possession of the petitioner as a mortgagee. An entry was made by the Mamlatdar in the year 1988 -89. Being aggrieved by the said entries, the respondent preferred RTS Appeal No.79/89 -6/90 before the Deputy Collector, Dahod, who, vide his final order dtd.26/4/1990 set aside the order passed by the Mamlatdar and remanded the matter back to the Mamlatdar with a direction to issue notices to the parties. He also observed that as the provisions of Prevention of Fragmentation and Consolidation of Holdings Act ("the Fragmentation Act" for short), were involved in the matter, the Mamlatdar should send a proposal to initiate proceedings. He also ordered that as the matter is pending before the Civil Court, final judgment be awaited and the effect of the interim injunction granted by the Civil Court be also taken into consideration.